Tax practitioners and community stakeholders are invited to comment on a Tax Practitioners Board (TPB) draft legislative instrument that will enable BAS agents to provide a broader range of services relating to the superannuation guarantee charge (SGC). 

Through extensive consultation the TPB found that the existing instrument, Tax Agent Services (Specified BAS Services) Instrument 2016, does not adequately define the scope of services that BAS agents may provide relating to the superannuation guarantee (SG) or the SGC. 

If the revised legislative instrument is finalised, examples of services that BAS agents will be able to provide will include services that relate to the assessment and payment of the SGC, including:

• advising on SGC liability, including the calculation of the SGC and preparing the SGC statement

• advising on the offsetting of late payments of superannuation contributions against the SGC 

• representing a client in their dealings with the Commissioner of Taxation (Commissioner), including:

  • the lodgement of SGC statements

  • being an authorised contact in relation to the SG and SGC accounts

  • accessing the SG and SGC accounts in online services for BAS agents

• being an authorised contact for:

  • payment arrangements relating to the SGC account

  • requesting penalty remissions relating to the SGC

  • any audit or review activity undertaken by the Commissioner relating to the SGC. 

The SG amnesty announced in March 2020 remains in place and the TPB will not commence any compliance action against registered BAS agents for providing services related to the amnesty, until this review is finalised. 

The draft legislative instrument and explanatory statement are available on the TPB website and all submissions will be considered. The closing date for submissions is 13 July 2020 and can be made via email at tpbsubmissions@tpb.gov.au.

About the Tax Practitioners Board:

The Tax Practitioners Board regulates tax practitioners in order to protect consumers. The TPB aims to assure the community that tax practitioners meet appropriate standards of professional and ethical conduct. Follow us on Twitter @TPB_gov_au, Facebook and LinkedIn